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March 18, 2024

Kramer Levin Secures Asylum for Woman and Child Who Escaped Domestic Abuse in Peru

On March 5, 2024, at an Individual Hearing before a U.S. Immigration Court in New York, Kramer Levin obtained asylum for Ms. P and her son, both of whom fled Peru to escape on-going abuse perpetrated by Ms. P’s former partner and father of her son. Ms. P was determined to live her life as an independent single mother and spent approximately 17 years attempting to evade her former partner within Peru. Ms. P’s former partner continuously tracked her down and inflicted horrific acts of violence upon her because he viewed her as his property and because he was angered by the actions Ms. P took that manifested her beliefs that women and men are equal. This case highlighted the unfortunate prevalence of domestic violence in Peru, along with the vulnerability and lack of support that is the reality for Peruvian women who are victims of such crimes.

Ahead of the Individual Hearing, the Kramer Levin team prepared a substantive brief and gathered documentary evidence in support of their case, including, Peruvian and U.S. medical records, an affidavit from one of Ms. P’s family members in Peru, and Peruvian police reports. Kramer Levin also retained a country conditions expert who was able to provide an expert declaration, which substantially corroborated and added credibility to Ms. P’s account of her experiences in Peru. Leading up to the hearing, the Kramer Levin team prepared to examine three fact witnesses and one expert witness. However, the day of the hearing, the immigration judge surprised the Kramer Levin team by ruling from the bench, on the papers, prior to hearing any live testimony. The government subsequently waived its right to appeal.

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